Jones v. Whole Foods Market Group Inc
| Ricky Jones |
| Whole Foods Market Group Inc |
| 1:2022cv01389 |
| March 16, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 21 MAILED certified copy of Order #20 dated 12/08/2022 letter to Circuit Court of Cook County via email. (rc, ) |
Filing 20
ORDER: The Clerk of Court is directed to remand this case to the Circuit Court of Cook County forthwith. Signed by the Honorable Martha M. Pacold on 12/8/2022: Mailed notice. (rc, )
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Filing 19
ORDER: This case is hereby remanded to the Circuit Court of Cook County pursuant to the Stipulation to Remand #18 filed by the parties on 12/1/2022. Each party will bear its own costs and fees. Signed by the Honorable Martha M. Pacold on 12/2/2022. Mailed notice (nsf, )
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| Filing 18 STIPULATION To Remand Action To The Circuit Court of Cook County (Griswold, Joel) |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: Defendant's motion to stay this case pending the Illinois Supreme Court's decision in Tims v. Black Horse Carriers #11 is granted. A court may stay proceedings in its discretion to manage its docket. Tex. Indep. Producers & Royalty Owners Ass'n v. EPA, 410 F.3d 964, 980 (7th Cir. 2004). In evaluating whether to grant a motion to stay, courts consider: "(i) whether a stay will unduly prejudice or tactically disadvantage the non-moving party, (ii) whether a stay will simplify the issues in question and streamline the trial, and (iii) whether a stay will reduce the burden of litigation on the parties and on the court." Vaughan v. Biomat USA, Inc., No. 1:20 CV 04241, 2020 WL 6262359, at *1 (N.D. Ill. 2020). Here, Tims is expected to resolve whether a one-year, two-year, or five-year statute of limitations applies to BIPA claims like the ones plaintiff has asserted in this action. It also appears that resolution of the statute of limitations question may be relevant in this case because the plaintiff was employed by defendant from September 24, 2020, to October 5, 2020, and filed this lawsuit on January 25, 2022. #2 ; [16-1]. At least one other court in this district has granted a stay pending the outcome of Tims in another BIPA case, see Solis v. GSF USA, Inc., No. 22-cv-01096 (N.D. Ill. May 17, 2022) ECF No. 15, and there are similar reasons to do so here. Accordingly, this case is stayed pending the resolution of Tims v. Black Horse Carriers at the Illinois Supreme Court. The parties are directed to file a joint status report by 12/1/2022 or no later than two weeks after the issuance of the decision in Tims if Tims is decided before 12/1/2022 informing the court of how they seek to proceed with this action. (rao, ) |
| Filing 16 RESPONSE by Whole Foods Market Group Incin Support of MOTION by Defendant Whole Foods Market Group Inc to stay pending resolution of Tims v. Black Horse Carriers #11 (Attachments: #1 Exhibit)(Lenz, Amy) |
| Filing 15 RESPONSE by Ricky Jones to MOTION by Defendant Whole Foods Market Group Inc to stay pending resolution of Tims v. Black Horse Carriers #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Baltabols, Mara) |
| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: The court adopts the parties' proposed briefing schedule on the motion to stay #11 . Plaintiff's response is due by 5/4/2022; defendant's reply is due by 5/18/2022. There is no need for courtesy copies. (rao, ) |
| Filing 13 STATUS Report JOINT by Ricky Jones (Baltabols, Mara) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant's motion to stay. #11 . The motion does not state whether it is opposed and does not propose a briefing schedule. Per this court's motion procedures available at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==, motions must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov. After reviewing the motion, the court will enter a briefing schedule or ruling on the docket. Defendant is required to confer with plaintiff and notify the court whether the motion is opposed and submit a proposed briefing schedule to the proposed order inbox by 4/19/22. Mailed notice. (ym, ) |
| Filing 11 MOTION by Defendant Whole Foods Market Group Inc to stay pending resolution of Tims v. Black Horse Carriers (Attachments: #1 Exhibit)(Lenz, Amy) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion for extension of time to respond to plaintiff's complaint #9 is granted. Defendant to answer or otherwise plead to plaintiff's complaint by 4/13/2022. The parties are directed to file an initial joint status report by 4/19/2022. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 9 MOTION by Defendant Whole Foods Market Group Inc for extension of time to file answer until April 13, 2022 (Lenz, Amy) |
| Filing 8 ATTORNEY Appearance for Plaintiff Ricky Jones by Mara Ann Baltabols (Baltabols, Mara) |
| Filing 7 ATTORNEY Appearance for Plaintiff Ricky Jones by David J. Fish (Fish, David) |
| MAILED Notice of Removal letter to David J. Fish (daj, ) |
| Filing 6 ATTORNEY Appearance for Defendant Whole Foods Market Group Inc by Joel Griswold (Griswold, Joel) |
| Filing 5 ATTORNEY Appearance for Defendant Whole Foods Market Group Inc by Bonnie Keane DelGobbo (DelGobbo, Bonnie) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Whole Foods Market Group Inc (Lenz, Amy) |
| Filing 3 CIVIL Cover Sheet (Lenz, Amy) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022CH00606) filed by Whole Foods Market Group Inc Filing fee $ 402, receipt number 0752-19252326. (Attachments: #1 Exhibit Exhibit 1)(Lenz, Amy) |
| Filing 1 ATTORNEY Appearance for Defendant Whole Foods Market Group Inc by Amy Lynn Lenz Appearance of Amy Lenz (Lenz, Amy) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jk2, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jk2, ) |
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